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(영문) 수원지방법원 2021.01.28 2020노5545

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months and the suspension of execution of two years) is too unfased and unfair.

2. The crime of this case is recognized that the crime of this case committed by the defendant, upon receiving a report from 112 that the defendant would seriously fight a couple on the upper house, and the police officers dispatched to the defendant's residence by asking their descendants, booms, etc., and thus obstructing the police officers' legitimate execution of their duties by assaulting another police officer in a similar way, which was arrested as the current criminal, and thus obstructing the police officers' legitimate performance of duties by assaulting another police officer in a similar way, and the crime is very poor in the nature of the crime, and the responsibility for the crime is very heavy, and the crime obstructing the performance of official duties can promote a light of the legal order and the public authority, and the defendant's failure to receive a letter

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant supports the wife and two children; (c) the Defendant has no record of criminal punishment other than once a fine is imposed in Korea; (d) the Defendant is likely to be forced to leave abroad if the sentence becomes final and conclusive; and (e) the Defendant’s age, career, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) the sentencing of the similar case as shown in the instant records and arguments, such as the circumstances after the crime, etc., it cannot be deemed that the Defendant’s punishment against the Defendant is too uneasible and unfair.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.